Hostetter

Defendant was accused of unlawfully selling heroin. He denies an allegation of the indictment that he had been convicted previously of violating section 11500 of the Health and Safety Code. In a jury trial he was con *649 victed; and the allegation of prior convictions was found to be true. He appeals from the judgment.

Appellant contends that the evidence was insufficient to support the judgment; and that the deputy district attorney was guilty of misconduct.

Deputy Sheriff Eeade, who was assigned to the undercover narcotics detail, testified that: On July 27, 1961, about 10:15 a.m., he and one Paul Hald, a police informant, went in an automobile to a place on Elizabeth Street in Monterey Park which was across the street from defendant’s home. While he (deputy) remained in the parked automobile, Hald went into defendant’s house. About 10 minutes later, Hald appeared in the yard of that address and signalled to the deputy, who then went with Hald into defendant’s house. Hald introduced the deputy to defendant. Another man and the defendant’s wife were also in the house. On the table in the living room, the deputy saw approximately 10 capsules which contained a yellowish…